§ 1-606. Miscellaneous powers of department
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 70 P.S. SecuritiesEffective: August 11, 2014
Effective: August 11, 2014
70 P.S. § 1-606
§ 1-606. Miscellaneous powers of department
(a) The department may, by regulation, require any issuer of securities registered under this act or exempted from registration under section 203(d) or (p),1 which issuer has not filed reports with the Securities and Exchange Commission pursuant to sections 13 or 15(d) of the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. §§ 78m or 78o(d)), to distribute financial information to its security holders at least annually.
(c) No person shall publish in this State any advertisement concerning any security (other than advertisements relating to federally covered securities, tombstone advertisements permitted under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.) and the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.) and the rules and regulations promulgated thereunder) except in accordance with such rules as the department may promulgate from time to time. No person shall publish any advertisement concerning any security in this State after the department issues a cease advertising order in which it finds that the advertisement contained an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading. The order may be issued summarily without notice or hearing. Upon issuance of a summary order, the department shall promptly provide the order to the person against whom it is issued. The order shall contain findings of fact and conclusions of law and include a notice affording the person an opportunity for a hearing under section 607(a).2
(c.1) Whenever the department finds that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or any rule or order thereunder, the department may order such person to cease and desist from such act or practice. The order may be issued summarily without notice or hearing. Upon issuance of a summary order, the department shall promptly provide the order to the person against whom it is issued. The order shall contain findings of fact and conclusions of law and include a notice affording the person an opportunity for a hearing under section 607(a).
Credits
1972, Dec. 5, P.L. 1280, No. 284, § 606, effective Jan. 1, 1973. Amended 1986, June 25, P.L. 256, No. 68, § 3, effective in 60 days; 1998, Nov. 24, P.L. 829, No. 109, § 27, effective in 60 days; 2002, July 4, P.L. 721, No. 108, § 17, effective in 60 days; 2014, June 10, P.L. 678, No. 52, § 30, effective in 60 days [Aug. 11, 2014].
70 P.S. § 1-606, PA ST 70 P.S. § 1-606
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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